Muaūpoko Tribal Authority and Lake Horowhenua Trust say they are “delighted” the Court of Appeal has ruled in their favour and quashed a 10-year exemption of Punahau/Lake Horowhenua near Levin from the national freshwater standards, which regulate the health and ecosystems of freshwater.
They issued a joint statement following the release of the Court of Appeal’s judgment on Wednesday afternoon.
“Our primary reason for this appeal was to uphold and protect our rights, and our taonga, under Te Tiriti o Waitangi and as private property owners,” they said.
The lake was to be exempted from the National Policy Statement for Fresh Water due to the area being a critical vegetable-growing region.
However, excessive nitrogen and phosphates are key issues for Punahau - one of the country’s most polluted waterways - and led the groups to seek a judicial review of the issue.
“This judgement will prevent the waterways in the region, including the catchment for Punahau/Lake Horowhenua from continuing to be exempt from healthy freshwater standards and targets,” said Dean Wilson, the Deputy Chair of Lake Horowhenua Trust, which holds the lake bed and surrounding land in trust for the Māori owners.
“This is a significant outcome, as owners we have always fought hard to protect the mauri and life force of our taonga, alongside our private property ownership rights over the lake. Our taonga and our people have pretty much solely absorbed the negative effects of the region’s progress and prosperity without receiving any of the benefits - for decades and decades, and enough is enough. We only hope it’s not too late.”
Muaūpoko Tribal Authority (MTA) chair Tim Tukapua said they had no choice but to act.
“The National Policy Statement exemption affects all waterways in the region and the catchment - with obviously huge impact on our taonga - Punahau. It simply wasn’t good enough. Therefore, MTA led this action in partnership with Lake Owners and on behalf of our community.”
Di Rump, the tribal authority’s CEO, said the judgment affirmed the vital importance of Te Tiriti o Waitangi.
“Today’s judgement demonstrates the importance of Te Tiriti principles in action. By not upholding Te Tiriti, this National Policy Statement has had an impact on our whole community.”
